Dispute over cancellation fee invoice

ohdidz

Hello

I booked a company to install a ventilation unit in an upstairs room in my house. I was clear in my enquiry that it was in an upstairs room. They provided a quote via email, without coming for a site visit, asking any questions, or requesting photographs. However, they have been to the property several times over the preceding 5 years, so I thought they knew it well enough. When the staff arrived, it became clear that they couldn't do the work because they couldn't safely access the external wall of the room in question, and so after having a good look to consider alternatives, they ended up leaving without doing the work (on their suggestion) as none of the alternatives were very plausible. It was all very friendly. However, later I received an invoice for a "cancellation fee" of £75. I had been provided with no written contract (where the possibility of such a fee might have been mentioned), nor was there any mention of such a fee from the workers when they attended my house. I thought it must have been sent in error. The company has since confirmed it, and threatened to send it to a debt collection agency if I refuse to pay.

My contention is that I didn't cancel the work - it didn't go ahead because the company couldn't do the work they had quoted me for. I'm not an expert on buildings (which is why I hire such companies!). I don't know what access would be needed, or what access equipment is usually carried on the company's work vans. If they had done a site survey, or asked a few basic questions, they would have realised they couldn't do it (or would have to charge a fair amount more for scaffolding, for example).

What's the chance of this going to court if I refuse to pay the fee? And if it does, what's my chance of winning? Any advice much appreciated! 🙏

eskbanker

I'd put the ball back into their court, along the lines of 'to be clear, I didn't cancel and am prepared to pay the quoted price for the job, so please go ahead as originally agreed or confirm that you are unwilling to do so'.

Okell

ohdidz said:

Hello

I booked a company to install a ventilation unit in an upstairs room in my house. I was clear in my enquiry that it was in an upstairs room. They provided a quote via email, without coming for a site visit, asking any questions, or requesting photographs. However, they have been to the property several times over the preceding 5 years, so I thought they knew it well enough. When the staff arrived, it became clear that they couldn't do the work because they couldn't safely access the external wall of the room in question, and so after having a good look to consider alternatives, they ended up leaving without doing the work (on their suggestion) as none of the alternatives were very plausible. It was all very friendly. However, later I received an invoice for a "cancellation fee" of £75. I had been provided with no written contract (where the possibility of such a fee might have been mentioned), nor was there any mention of such a fee from the workers when they attended my house. I thought it must have been sent in error. The company has since confirmed it, and threatened to send it to a debt collection agency if I refuse to pay.

My contention is that I didn't cancel the work - it didn't go ahead because the company couldn't do the work they had quoted me for. I'm not an expert on buildings (which is why I hire such companies!). I don't know what access would be needed, or what access equipment is usually carried on the company's work vans. If they had done a site survey, or asked a few basic questions, they would have realised they couldn't do it (or would have to charge a fair amount more for scaffolding, for example).

What's the chance of this going to court if I refuse to pay the fee? And if it does, what's my chance of winning? Any advice much appreciated! 🙏

You haven't said but I presume you went back to the company and explained to them that you didn't cancel, but in fact the company's employees told you on-site that they could not do the job because they could not safely access the external wall, and that if the company had done a site inspection before quoting for the job they would have realised that?

Assuming you have told them that, what was the company's response?

ohdidz

Okell said:

ohdidz said:

Hello

I booked a company to install a ventilation unit in an upstairs room in my house. I was clear in my enquiry that it was in an upstairs room. They provided a quote via email, without coming for a site visit, asking any questions, or requesting photographs. However, they have been to the property several times over the preceding 5 years, so I thought they knew it well enough. When the staff arrived, it became clear that they couldn't do the work because they couldn't safely access the external wall of the room in question, and so after having a good look to consider alternatives, they ended up leaving without doing the work (on their suggestion) as none of the alternatives were very plausible. It was all very friendly. However, later I received an invoice for a "cancellation fee" of £75. I had been provided with no written contract (where the possibility of such a fee might have been mentioned), nor was there any mention of such a fee from the workers when they attended my house. I thought it must have been sent in error. The company has since confirmed it, and threatened to send it to a debt collection agency if I refuse to pay.

My contention is that I didn't cancel the work - it didn't go ahead because the company couldn't do the work they had quoted me for. I'm not an expert on buildings (which is why I hire such companies!). I don't know what access would be needed, or what access equipment is usually carried on the company's work vans. If they had done a site survey, or asked a few basic questions, they would have realised they couldn't do it (or would have to charge a fair amount more for scaffolding, for example).

What's the chance of this going to court if I refuse to pay the fee? And if it does, what's my chance of winning? Any advice much appreciated! 🙏

You haven't said but I presume you went back to the company and explained to them that you didn't cancel, but in fact the company's employees told you on-site that they could not do the job because they could not safely access the external wall, and that if the company had done a site inspection before quoting for the job they would have realised that?

Assuming you have told them that, what was the company's response?

They said that they had quoted based on the information I'd given them. And that I hadn't mentioned the access difficulties (but again, I wasn't sure there would be access issues - I'm not the expert! In my opinion this is on them). They also said that I didn't request a visit for a quote - true, and perhaps I should have, but if there was likely to be any doubt (turns out there was) they should have suggested a site visit, in my opinion.

Okell

OK.

Only you know the circumstances and only you know what you told them. 

Did the company explain to you that if you did not request a site visit then you would be liable for a £75 "cancellation fee" if they turned up and found the job couldn't be done because you hadn't given them all the information they needed?

Having said that, I agree with you that you can't be expected to know whether there are characteristics of the property that meant the job could not be done, and that the company should have made a site visit before giving a quote to check the job was feasible.

Like @Ergates I'd be inclined to tell them that you didn't cancel the job, they did, and that the company is at fault for not doing due diligence before giving out a quote - that's their problem, not yours

Personally I wouldn't pay the £75.  I'm not a lawyer but if they took you to court I'd be very surprised if they won - based on what you've told us.  But in any case, before they could take you to court they would need to send you a Letter Before Action (aka Letter Before Claim), giving you an opportunity to reconsider.  (Even then I think I'd call their bluff and see if they actually issued a claim).

If they pass it onto debt collectors my understanding is that you can just ignore them  - so long as you are content to let them waste their time and money pestering you every week or so.

The only time you need to start to be concerned is if you receive a Letter Before Action.  And if you then receive an actual court claim, that's something you can't ignore.

ohdidz

Okell said:

OK.

Only you know the circumstances and only you know what you told them. 

Did the company explain to you that if you did not request a site visit then you would be liable for a £75 "cancellation fee" if they turned up and found the job couldn't be done because you hadn't given them all the information they needed?

Having said that, I agree with you that you can't be expected to know whether there are characteristics of the property that meant the job could not be done, and that the company should have made a site visit before giving a quote to check the job was feasible.

Like @Ergates I'd be inclined to tell them that you didn't cancel the job, they did, and that the company is at fault for not doing due diligence before giving out a quote - that's their problem, not yours

Personally I wouldn't pay the £75.  I'm not a lawyer but if they took you to court I'd be very surprised if they won - based on what you've told us.  But in any case, before they could take you to court they would need to send you a Letter Before Action (aka Letter Before Claim), giving you an opportunity to reconsider.  (Even then I think I'd call their bluff and see if they actually issued a claim).

If they pass it onto debt collectors my understanding is that you can just ignore them  - so long as you are content to let them waste their time and money pestering you every week or so.

The only time you need to start to be concerned is if you receive a Letter Before Action.  And if you then receive an actual court claim, that's something you can't ignore.

Thank you for the comprehensive reply: very helpful. No, there was no mention whatsoever of a cancellation fee until I received the invoice for it - about 2 weeks after the workers came and failed to do the job. This is why I believe the fee is unfair, and I'm optimistic that a judge would agree if it did ever get to court.

In retrospect it should've rang some alarm bells when they gave a quote so quickly, without asking for any extra information, or asking to do a site visit themselves (and I guess the only reason why it didn't was that they've done various work for me over the years without issue). I'm shocked at the hilariously bad business acumen - turning a loyal and happy repeat customer into an aggrieved one for the sake of £75. Now not only will I not use them again, I'll likely tell my friends to steer clear too.

Okell

If you have spent a "lot" of money with them over the years point out that you won't be using them again.

the_lunatic_is_in_my_head

Do they usually take jobs over the phone? If so they’d have to give you a whole host of info via a durable medium including the price or how it is to be calculated so without that they can’t charge you the fee.